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City Council Resolution 2014-84CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2014 -084 APPROVING REZONING, A PRELIMINARY AND FINAL PLAT, DEVELOPMENT CONTRACT AND CONDITIONAL USE PERMIT FOR A PHASED, MULTI - FAMILY HOUSING DEVELOPMENT FOR MONTICELLO COMMERCE CENTER EIGHTH ADDITION WHEREAS, IRET Properties has submitted an application for approval of the rezoning of a parcel of land from B -4 Regional Business District to R -4 Medium -High Density Residence District; and WHEREAS, in addition to the request for rezoning approval, the applicant has also requested approval of a preliminary /final plat, a conditional use permit (to allow multi - family housing in an R -4 District), and site and building plans for a phased, 202 unit, multi - family housing development; and WHEREAS, the Monticello Planning Commission, sitting as the Board of Appeals and Adjustments, has approved a variance to the minimum unit square footage in the R -4 District; and WHEREAS, the Monticello Comprehensive Plan has been recently amended to change the land use designation of this parcel from Places to Work to Places to Live based on a determination of the site's suitability for residential development; and WHEREAS, the preliminary and final plat will meet design standards and other provisions outlined in Title XI, the Monticello Subdivision Ordinance subject to conditions enumerated below; and WHEREAS, the proposed 202 -unit phased multi - family apartment community, with conditions as noted and the approval of the dwelling unit variance, meets applicable performance standards of the City's Zoning Ordinance and specifically that provisions of the City's R -4 zoning district; and WHEREAS, the Planning Commission held a public hearing on August 5, 2014 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission of the City of Monticello made the following Findings of Fact in relation to the recommendation of approval: 1. The proposed R -4 zoning designation is consistent with the "Places to Live" land use designation assigned to the subject property within the City Comprehensive Plan. 2. With conditions, the preliminary /final plat meets all applicable requirements of the City's Subdivision Ordinance. 3. With conditions, the proposal satisfies all conditional use permit evaluation criteria as established within the City's Zoning Ordinance. 4. Practical difficulties exist which justify the approval of the requested variance from the minimum dwelling unit size requirement imposed in the R -4 District. 5. Except as otherwise allowed via variance and with conditions, all applicable requirements performance standards of the City's Zoning Ordinance will be satisfied. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Monticello, Minnesota, to approve the Preliminary and Final Plat for Monticello Commerce Center Eighth Addition, subject to the following conditions: 1. The City approve the requested rezoning. 2. Easement related issues, as well as right -of -way dedication requirements, shall be subject to comment and recommendation by the City Engineer. 3. Submission of all plat drawings updated with the revised survey information. 4. Park dedication requirements shall be subject to review and recommendation by the Parks Commission. 5. The applicant enters into a development agreement securing the terms of plat and development approvals. BE IT FURTHER RESOLVED, by the City Council of Monticello, Minnesota, to approve the Conditional Use Permit to allow multi - family housing in an R -4 District, subject to the following conditions: 1. The City approve the requested rezoning and preliminary /final plat. 2. The westerly access is relocated to avoid conflicts with the church property access to the south, as directed by the City Engineer. 3. The easterly access point includes restriping in the street to properly configure the transition between road width along Meadow Oak Avenue. 4. The central access point is reviewed to ensure adequate site lines for traffic exiting the project, including possible amendments to the landscaping plan if necessary. 5. The landscaping plan is modified to specify topsoil spread over the proposed lawn areas. 6. All landscape areas are irrigated. 7. All other applicable use standards and conditions, including those as identified as part of site plan review, shall be satisfied. 8. The applicant enters into a development agreement securing terms of plat and development approvals. BE IT FURTHER RESOLVED, by the City Council of Monticello, Minnesota, that the Development Agreement for Monticello Commerce Eighth Addition, with assignment of the specific terms and conditions for public improvements and the specific terms and conditions for plat development, is hereby approved. ADOPTED BYthe City Council of the City of Monticello, Minnesota, this 25th day of August, 2014. CITY OF MONTICELLO 6Z1-1 Z�/ Clint Herbst, Mayor ral"W31 SAME J S ��II' 11, City Administrator